PRADIP KUMAR TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned single Judge dated 14.06.2005 dismissing the writ application filed by the appellants herein on the ground that the writ petitioners had no legal right to conduct the proceedings as public Prosecutors.

(2.) AS will appear from, the materials on record the appellants herein were appointed as Special Public Prosecutors to conduct Sessions Trial No. 117/2002 which was initially pending in the Court of Sessions Judge, Siwan and was transferred by the Hon ble Supreme Court to Ranchi for trial.

(3.) PURSUANT to such liberty an application appears to have been made before the learned trial Court which referred the matter to the State of Jharkhand in terms of the liberty granted by this Court and the State of Jharkhand, in its turn, removed the writ petitioners/appellants from further conducting the trial and appointed other Special Public Prosecutors in their place. It is the said ordered dated 4th March, 2005 issued under the signature of the learned Secretary, Law Department, Government of Jharkhand which was the subject matter of the writ petition filed by the appellants herein and which the appellants contended was beyond jurisdiction and was liable to be quashed.